May 17, 2016

Commissioner Wichman’s

prior statement that she had been advised by the District Attorney and her private lawyer that although her husband was contracted with the Water Board as an advisor that there was no conflict of interest and she could vote on all matters of water. He wanted both the question and the response formalized in writing and presented to the Commissioners for review. He felt it also needed to become part of the minutes. Ray Mielzynski stated his admiration for Judge Wanker because of her recent ruling on a warrantless search. Susan Gresham advised they had gotten through some more hoops regarding the skateboard park and were moving forward with it. She looked forward to telling the Commissioners more when it was on the agenda.

Commissioner Schinhofen

made a motion to approve; seconded by Commissione r Wichman; 5 yeas. May 17, 2016 SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

advised she would not be able to call in or attend the next meeting.

Commissioner Borasky

said Congressman Hardy would be in the Pahrump chambers tomorrow from 9:00 a.m. to 12:00 p.m. to talk about a grant workshop. Joni Eastley, Assistant County Manager, clarified Congressman Hardy would not be present. Members of his staff would make the presentation.

Commissioner Borasky

said there would be a teleconference on Monday to get an update on NACO to make sure everything was in line and running smooth to bring the conference to Pah rump in November.

Commissioner Schinhofen

said the Wild West Extravaganza and Bluegrass Festival went well. Also, the Independence Day parade would occur on Independence Day around the Eye. The VFW had a committee set up if anyone wanted to participate or help.

Commissioner Borasky

added people should contact Linda Wright at the VFW.

Commissioner Cox

read the flyer from Congressman Hardy regarding workshops designed to provide local government officials and non-profits with information on how to access census data in order to help build an effective case for project funding. Regarding Mr. DeCanio’s comments, Commissioner Cox reminded him she voted against that issue and did not appreciate being added in to his comments. Diane Southworth advised $125.00 was collected at the Wild West Extravaganza for the K-9 bulletproof vests. They would have the collection again at the debate on Thursday for the Democratic Congressional District 4. The doors would open at 4:00 p.m. and the debate would start at 5:00 p.m. Pam Webster advised on Saturday night Vance Payne was given a certificate of recognition by the Governor for his work and efforts to provide medical services to rural Nevada counties. Vance Payne, Emergency Services Director, expressed his appreciation and mentioned that nine other people from the Goldlield, Tonopah and Smoky Valley ambulances as well as individuals from Life Guard Air Ambulance received certificates as well.

Commissioner Schinhofen

advised he was in Washington, D.C., on May 11-13, 2016, and visited with the staff of Senator Heller and Congressmen Hardy and Amodei to discuss the RMP with BLM.

Commissioner Cox

said she and her husband went to the Republican State Convention. They had a great time and she thought good things would come out of it in the future.

Commissioner Carbone

thought John Bosta brought up a good argument and the overlapping of festivals needed to be looked at. TIMED ITEMS

Commissioner Carbone

opened the public hearing. Pam Webster explained she had been working with the Department of Taxation (DTAX) to get the tentative budgets approved so they could be adopted at the hearing. DTAX asked that the public hearing be opened and continued to next Thursday, May 26, 2016, with the actual review and adoption of the budget done then to allow sufficient time to do the coordination and make sure the tentative budgets were in proper order for review. All of the budgets would be posted for that agenda.

Commissioner Schinhofen

made a motion to continue to May 26, 2016; seconded by

Commissioner Wichman

asked if a conference call was planned for the meeting as it was the same day as the legislative committee meeting.

Mrs. Webster

said a conference call could be done.

Commissioner Schinhofen

amended his motion to continue to Thursday, May 26, 2016, at 8:30 a.m.; Commissioner Wichman amended her second. Dwight Lilly said he appreciated moving the hearing as he believed the best govern ment was one that was transparent. He hoped in the future that was taken into consideration when the agenda items were put together because according to the NRS between seven and fourteen days prior to a budget hearing of this type it was to be posted in a public place for public review so the citizens could give instructions to their representative.

Commissioner Carbone

opened the public hearing.

Commissioner Schinhofen

made a motion to continue to May 26, 2016, at 8:30 a.m.; seconded by Commissioner Cox; 5 yeas. SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY

Commissioner Carbone

opened the public hearing.

Commissioner Schinhofen

made a motion to continue to May 26, 2016, at 8:30 a.m.; seconded by Commissioner Wichman; 5 yeas. GABBS

Commissioner Carbone

opened the public hearing.

Commissioner Schinhofen

made a motion to continue to May 26, 2016, at 8:30 a.m.; seconded by Commissioner Wichman; 5 yeas. MANHATTAN

Commissioner Carbone

opened the public hearing. May 17, 2016 21. 10:00 For Possible Action Public Hearing on the Fiscal Year 2016-2017 — — tentative budget for the Town of Manhattan; and discussion and deliberation to adopt, amend and adopt, or reject the Final Budget for the Town of Manhattan for Fiscal Year 2016-17.-Cont’d.

Commissioner Schinhofen

made a motion to continue to May 26, 2016, at 8:30 a.m.; seconded by Commissioner Wichman; 5 yeas. AS THE BOARD OF TRUSTEES FOR THE PAHRUMP POOL DISTRICT 22 10:00 For Possible Action Public Hearing on the Fiscal Year 2016-2017 — — tentative budget for the Pah rump Pool District; and discussion and deliberation to adopt, amend and adopt, or reject the Final Budget for the Pahrump Pool District for Fiscal Year 2016-17.

Commissioner Carbone

opened the public hearing.

Commissioner Schinhofen

made a motion to continue to May 26, 2016, at 8:30 a.m.; seconded by Commissioner Wichman; 5 yeas. AS THE NORTHERN NYE COUNTY HOSPITAL DISTRICT BOARD OF TRUSTEES

Commissioner Carbone

opened the public hearing.

Commissioner Schinhofen

made a motion to continue to May 26, 2016, at 8:30 a.m.; seconded by Commissioner Wichman; 5 yeas. SITTING AS THE GOVERNING BODY OF THE UNICORPORATED TOWN OF PAHRUMP 15. 10:30 For Possible Action Presentation, discussion and deliberation — — regarding a $2,000.00 grant for Toddler Swim Lessons from the Southern Nevada Chapter of the International Code Council to the Town of Pahrump for the 2016 pool season. Bill Browning introduced Steve Giovanni and David Goldstein from the International Code Council and noted this was the seventh year they had been able to present this swim grant to Nye County. The Commissioners were presented with a check.

Mr. Goldstein

explained International Code Council was a group of building officials who worked together to provide safe environments. Over seven years ago they felt that May 17, 2016 15. 10:30 For Possible Action Presentation, discussion and deliberation — — regarding a $2,000.00 grant for Toddler Swim Lessons from the Southern Nevada Chapter of the International Code Council to the Town of Pahrump for the 2016 pool season.-Cont’d. teaching toddlers how to swim was part of that safe environment and for the last three years that Mt. Goldstein had overseen the program they taught over 900 toddlers how to swim. They were also able to increase the grant this year to $2,000.00. SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS-Cont’d. 9. 10:45 For Possible Action Public Hearing, discussion, and deliberation to — — issue an Outdoor Festival License to the Pahrump Valley Chamber of Commerce for the Liberty Festival to be held July 4, 2016. at Petrack Park located at 150 Highway 160, Pahrump, Nevada.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Cox; 5 yeas. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. If. For Possible Action — General road report by Public Works Director

Commissioner Wichman

asked when construction would start on Manhattan Road. Dave Fanning, Public Works Director, said he had seen the finalized plans and it should start this year. He was still working with BLM on obtaining the right-of-way. He would narrow it down to a couple of months and let Commissioner Wichman know.

Commissioner Wichman

asked if answers were provided to the folks on Cordova. Tim Carlo from Public Works said he was still working on that. There was 19.5 miles in that subdivision with only a 40-foot portion of Leslie and Bell Vista dedicated and the rest specifically said they were to remain private on the map. He would follow-up again.

Commissioner Cox

said she had a request from a gentleman on the corner of Barney and Wilson who wanted to know if a four-way stop could be put there as there had been a lot of accidents in the area, one of which resulted in a car in his house. Commissioner Cox asked for a study.

Mr. Fanning

said he would provide the information from a study already done. May 17, 2016 11. For Possible Action — General road report by Public Works Director-Cont’d.

Commissioner Cox

would send Mr. Fanning the gentleman’s e-mail. She then mentioned a request to add some signs to the school zone areas that said 15 mph when children were present. The main area most people were complaining about was in front of the high school.

Mr. Fanning

explained the one on Calvada was a decision made by the School District and the Sheriff’s Office where the Sheriff’s Office responded the signage was appropriate and should not be changed. Additionally, all school zones had been set to the criteria of the School District.

Commissioner Cox

said she was not requesting it to be moved, just to have a sign added to it that said it was 15 mph when children were present.

Mr. Fanning

noted the NRS did not address when children were not present.

Sheriff Wehrly

explained children were present way after school for various activities and they felt it would best suit everyone if they left it the way it was. She added the speed limit was the speed limit and it was that limit all the time. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. COUNTY MANAGER

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Carbone

asked what the property would be used for. Darrell Lacy, Planning Director, explained the groundwater management plan had included looking further south in the valley to find additional water sources to maximize use. This was the first one that far south that had been on the list.

Commissioner Carbone

commented about pulling something off the tax rolls that somebody could have purchased and paid taxes on, but he understood the need for it.

Commissioner Schinhofen

said the State mandated this be put on the ballot and if approved it would be indexed to the CPI. His issue was if it passed the County was mandated to write an ordinance. An ordinance required public hearings, which to him was kind of useless since the County was mandated to pass it. Commissioner Schinhofen did not object to having it on the ballot, but wondered why the State even bothered with the County.

Commissioner Wichman

explained it was just trying to keep the entire State uniform.

Commissioner Schinhofen

made a motion to adopt Resolution 2016-58 and put it on the ballot.

Commissioner Schinhofen

asked the Clerk about the “for and against” committees. Sam Merlino advised there was a notice to be published and she asked for applications by June 1, 2016, so she could get it in the back-up for the June 7, 2016, meeting to appoint those committees. She would also put it on the Web site. She added the maximum would be three members, but it could be one or two.

Commissioner Wichman

seconded the motion to adopt Resolution 2016-58 and put it on the ballot.

Commissioner Carbone

thought it was kind of unfair for the County to be mandated to put this on the ballot.

Commissioner Cox

pointed out it gave the people the right to represent themselves to say yea or nay.

Commissioner Schinhofen

wanted it clear that the Commissioners were not asking for this.

Commissioner Schinhofen

pointed out there were plans in the Pahrump Regional Planning District for this and it would open up grant opportunities. May 17, 2016 48. For Possible Action Discussion and de!iberation on a request from the State of Nevada Department of Transportation (NDOT) to adopt the draft Nye County Bicycle Plan.-Cont’d.

Commissioner Schinhofen

made a motion to adopt; seconded by Commissioner Wichman. Darrell Lacy explained the last two master plans in Pahrump had language encouraging non-motorized transportation, but there was nothing prescriptive in this. It essentially encouraged and included some proposals for designs for roads with bike paths on them, some of which Dave Fanning included in his past roads.

Mr. Fanning

reviewed the changes in the NRS regarding bike paths and said this was unexpected because it created a price differential and a lane width. The reason they tried the detached bike path on Homestead was because they were trying to create a safe path as well as continuity.

Commissioner Carbone

said his issue was when he read the strategy page it talked about tourism and all bicycle things to do. There were several items that said the County should go out and do things which were not being done.

Mr. Lacy

advised bike paths were looked at when building new roads to see if it was appropriate, but budget issues had always been the more important issue in many cases. He noted all this said was the County would include this in the discussion and it did not mandate spending a single penny.

Commissioner Borasky

was concerned about the lack of light when the sun went down as well as adopting this plan as it may lock the County into something it could not afford. He noted the roads could not be fixed now to the standards they needed to be at let alone to add bike paths. He pointed out there were places people could ride that had no or little traffic.

Commissioner Cox

stated her concern about liability. If the County did not approve it then she did not believe the County could be held responsible.

Mr. Lacy

said this was only a plan and the adopted master plan said pretty much the same thing about encouraging and looking at bike paths for non-motorized transportation. The District Attorney’s Office would have to weigh in on if adopting this plan would bring any liability, but he did not think it would.

Commissioner Wichman

pointed out this criteria was already looked at and NDOT just wanted a copy of it. John Koenig, RPC chair and RTC member, said he kept heating Pahrump master plan, but this was a bicycle plan for Nye County. His first comment when this came to the RPC was that as soon as NDOT put bicycle paths on Highways 160 and 372 he would be very happy to look at it. He felt it should be up to the citizens who lived in the May 17, 2016 48. For Possible Action Discussion and deliberation on a request from the State of Nevada Department of Transportation fNDOT) to adopt the draft Nye County Bicycle PIan.-Cont’d. communities to determine if they wanted bike paths, and when doing new roads it should be up to Public Works to determine it.

Commissioner Schinhofen

said NDOT would put them in if the County adopted this. If this was not adopted then there would probably never be bike paths on Highways 160 and 372. Sam Jones agreed that the State should not tell the County anything about what it had to do. He had been in construction for 30 years, part of which was in paving, and he said it was nothing to open the wing of the paver and draw out a five foot extra piece of asphalt and put the stripe down the road. When Commissioner Carbone asked Mr. Jones if he thought this should be adopted,

Mr. Jones

said he did not think the State should tell the County what it needed to do. It should be the seated Commissioners for Nye County doing it the way the citizens wanted to do it in Nye County. Regarding liability, Christi Kindel advised any liability the County would have would be limited by having a second set of eyes reviewing and approving the plan. It was the understanding of the legal department when it was reviewed that this was just to give the County a voice and open a conversation. There would be no additional liability for engaging in the plan and it may actually lessen liability.

Commissioner Carbone

asked that the motion have something in it that said it was for information only.

Commissioner Schinhofen

restated his motion to adopt the draft Nye County Bicycle Plan with the understanding this was advisory and sharing information; Commissioner Wichman restated her second. Robert Adams supported adoption of this as it was a situation that needed to be addressed although he thought the 150cc unlicensed motorized vehicles were the hazard, not the bicycles. Dwight Lilly said he would opt to go against the motion if it was him. As a rural community the expectation of the master plan was unrealistic. He would rather see asphalt put on some of the gravel roads. He suggested looking at the master plan and throwing out the ridiculous items that were not common sense.

Mr. Lacy

said it also included children riding bikes to school.

Commissioner Schinhofen

stated this was something that had held up Homestead, Gamebird, and Manse for a while and there were now appraisals to move this forward.

Commissioner Schinhofen

made a motion to approve up to the generous offer of $1 5,000.00.

Commissioner Schinhofen

added this had been used as a prescriptive right-of-way for a number of years and this would allow the project to move forward and water to flow a little better on those corners. Dave Fanning clarified he did not have appraisals. These were just based on past values when sold. Mr. Fanning did contact the landowner to advise him this was on the agenda, but he could not attend and Mr. Fanning did not know what his input was on this. Mr. Fanning did ask the landowner to contact him if he had any comments or concerns and had not heard anything.

Commissioner Carbone

wondered what would happen if the landowner did not accept the offer.

Mr. Fanning

explained it would come back to the Board and they could do eminent domain.

Commissioner Carbone

asked about shifting the road.

Mr. Fanning

said they realigned the upper portion of Homestead with Gamebird so it carried on with what had been done previously. A jog could be put in, but the intersection of Homestead and Gamebird was already pretty tough and he would not recommend shifting it.

Commissioner Cox

seconded the motion to approve up to the generous offer of $15,000.00; 5 yeas.

Commissioner Schinhofen

pointed out this was the road into the fairgrounds which was looked at to be improved before and Public Works was asking the Board to reject the bid as it was over the amount.

Commissioner Schinhofen

made a motion to uphold their opinion, but when it came back he would like to see some fairgrounds or tourism money maybe up to $100,000.00 May 17, 2016 50. For Possible Action Discussion and deliberation regarding improvements to Fox Avenue from Gamebird Road to the north for approximately 1400’ into the Pahrump Fairgrounds parcel.-Cont’d. thrown in to help this road as it was the Town of Pahrump, would increase tourism, and drive up the fairgrounds; seconded by Commissioner Wichman. Dave Fanning said they would re-bid it and address whatever stipulations the Board set.

Commissioner Wichman

wondered where the $2.5 million to pave it would come from and what projects were being put on hold to do this.

Mr. Fanning

indicated the money would come of out 205, but the only project put on hold because of manpower was the Gamebird/Barney project.

Commissioner Wichman

expressed concern about the resources being spent on that one road when there were 2,700 miles of road throughout the County. She asked what was happening with the road now with the patching and weight restrictions.

Mr. Fanning

said it might last a year with the weight restrictions, but right now they had to allow a mining operation to haul in product as they were not allowed within the Fish and Wildlife boundaries of the park. Darrell Lacy mentioned he had a discussion with the superintendent of the National Park Service who indicated if he had time to wait a year or two he would support the County and try to get federal grant money to help with that road.

Commissioner Schinhofen

made a motion to continue the patching, keep the weight limits in place for one year, actively seek all grants for one year, and then address this in next year’s budget for the RTC and the Highway Commission before doing that section of road; seconded by Commissioner Wichman. May 17, 2016 51. For Possible Action Discussion and deliberation to initiate phased paving (1 mile sections) on the Bob Ruud Memorial/Bell Vista/Low Road from the California State Line east bound for 5.5 miles.-Cont’d. John Bosta asked how much money was spent on Gamebird as it seemed to him work was continually being done on Homestead and Gamebird and money was spent month after month.

Commissioner Schinhofen

advised no money had been spent on it.

Mr. Bosta

was curious about the equity of paving roads in the County as it seemed the same sections were paved over and over in Pahrump and there were people using Bell Vista daily. He thought a priority should be put on improving Bell Vista. Marilyn Short suggested taxing each person on a tout bus to cover Highway 160 and Bell Vista. Sam Jones stated a road was only as good as its sub-base. If they kept patching with tour buses and semi-trucks going over that road daily, as well as local traffic, it was potentially dangerous. He suggested repaving the road and the job would be done for the next 15 or 20 years.

Mr. Fanning

pointed out the need for enforcement if it was restricted to 13 tons for the next year, which would take manpower away from the Sheriffs Office. He would like to look at superpaving. He then asked if the Commissioners wanted to keep beating this thing around or if they wanted to take care of it and provide a safer public road.

Commissioner Wichman

agreed, but thought the County as a whole needed to be looked at to see where the money was going.

Mr. Fanning

advised the superpave would be $550,000.00, which was an inch and a half overlay and should last about ten years. There were also culverts that needed to be replaced.

Commissioner Wichman

withdrew her second.

Commissioner Cox

asked if this was State Highway 373.

Mr. Fanning

explained it was not a state highway unfortunately. It had a state highway designation when built only to show up on maps. It was never adopted by the State to officially make it a State route as it never met the requirements.

Commissioner Schinhofen

rescinded his motion. Since Mr. Fanning stated a safety concern, Commissioner Schinhofen said he did not want to throw $500,000.00 out that would be ripped out in two years. He also noted how the base of it was junk and needed to be totally rebuilt, meaning millions. May 17, 2016 51. For Possible Action Discussion and deliberation to initiate phased paving (1 mile sections) on the Bob Ruud Memorial/Bell Vista/Low Road from the California State Line east bound for 5.5 miles.-Cont’d.

Commissioner Schinhofen

made a motion to superpave this while actively seeking grants to rebuild it to make it the road it needed to be not to exceed the $550,000.00 with the understanding that the maintenance crews would go back to work as soon as possible on maintenance; seconded by Commissioner Wichman. Dwight Lilly said he agreed with the motion and would attest that any semi-truck or tout bus, and most RVs, would exceed the weight limit.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Cox.

Commissioner Carbone

commented for all fireworks groups that when they did demonstrations to make sure the person doing the demonstration had the license to shoot the fireworks and to shoot fireworks within the proper limits of the ordinance. He was counting on the Sheriff to keep an eye on these people.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. 38. For Possible Action Discussion and deliberation regarding a renewal of a Wholesale/Retail Fireworks Permit for Alamo Fireworks. Patrick James, Applicant.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. May 17, 2016 39. For Possible Action Discussion and deliberation on approval of a Training Provider Services Agreement between Nye County, by and through the Nye County Sheriffs Office, the Department of Emergency Management (the “Departments”), and Agoge Corporate Services (the “Training Provider”) to provide subject matter expertise to the Departments in order to create training classes that the Nye County Sheriffs Office Department will retain exclusive rights to.

Sheriff Wehrly

advised that on page B3 the verbiage in item (ii) had been changed to include payment for physical maintenance costs and any training equipment needed at a fee of $18.00 per 10-hour training day. Also, the last sentence regarding use of the Virtual 300 would be changed to a per hour rate of $15.00 per student.

Commissioner Schinhofen

made a motion to approve. Christi Kindel advised there was a signature change also. It should be the Board of County Commissioners on the final page.

Commissioner Schinhofen

amended his motion to approve with the corrections the Sheriff and District Attorney stated; seconded by Commissioner Wichman; 5 yeas. 40. For Possible Action Discussion and deliberation to issue a renewal WholesalelRetall Fireworks Permit to Vegas of Pahrump Inc., dba Phantom Fireworks. Raechelle Laughlin, Applicant.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman. Pam Webster advised this item needed to be removed as it was in error.

Commissioner Schinhofen

rescinded his motion; Commissioner Wichman rescinded her second.

Commissioner Schinhofen

made a motion to approve effective July 1, 2016; seconded by Commissioner Ccx; 5 yeas. May 17, 2016 PUBLIC PETITIONER

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. The Board was in recess until 1:45 p.m.

Commissioner Cox

was not present. SITTING AS THE GOVERNING BODY OF THE UNICORPORATED TOWN OF PAHRUMP 16. For Possible Action — Discussion and deliberation on approval of the Kellogg Park site plan.

Commissioner Schinhofen

made a motion to approve the Kellogg site plan; seconded by Commissioner Wichman; 3 yeas. Commissioner Borasky did not vote. SITTING AS THE BOARD OF COUNTY COMMISSIONERS 10. 11:00 For Possible Action Continued Public Hearing! discussion, and — — deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2016-04: A Bill proposing to amend Nye County Code pertaining to Medical Marijuana Establishments; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Schinhofen

made a motion to continue this until June 21, 2016; seconded by Commissioner Borasky.

Commissioner Schinhofen

explained when fees were raised on an industry the NRS said the industry had to have time to comment and that was what they were waiting for.

Commissioner Carbone

closed the public hearing.

Commissioner Carbone

advised on June 7-8, 2016, approximately 50 volunteers would be placing the pergolas at the Veterans Memorial at Chief Tecopa Cemetery from 11:30 a.m. to 12:30 p.m. and the Commissioners were invited. 13. Town of Pahrump Ongoing Project Report There were none. SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY 18. For Possible Action Discussion and deliberation to approve the purchase of 2016 fireworks for the Town of Beatty.

Commissioner Schinhofen

made a motion to approve the fireworks permit for the Town of Beafty; seconded by Commissioner Wichman. Pam Webster clarified this was to purchase.

Commissioner Schinhofen

amended his motion to approve the purchase of the fireworks; Commissioner Wichman amended her second.

Commissioner Wichman

pointed out they would be purchased out of Beatty money.

Commissioner Wichman

made a motion to approve funding assistance to the Beatty Museum coming out of the Beaffy Town; seconded by Commissioner Schinhofen; 5 yeas. May 17, 2016 SITTING AS THE BOARD OF COUNTY COMMISSIONERS BOARD OF COMMISSIONERS 24. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 25. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 26. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. 27. For Possible Action Discussion and deliberation requesting the Nye County Board of Commissioners approve sending a letter, which includes support for the Nevada Association of Counties’ comment letter and proposed language changes, to the Bureau of Land Management regarding proposed changes to their planning regulations referred to as Planning 2.0 [81 F.R. 9674].

Commissioner Wichman

advised that since the letter was drafted the State Land Use Planning Advisory Council (SLUPAC) met and they were also preparing a letter.

Commissioner Wichman

made a motion to amend the language in the letter to say that the County supported both NACO and SLUPAC’s comments; seconded by

Commissioner Schinhofen

; 5 yeas.

Commissioner Wichman

said she was called by a lobbyist out of Washington, D.C., yesterday who wanted to know if she would be willing to help them for the efforts on the 2.0. She thought that might be a great opportunity. 28. For Possible Action Discussion and deliberation to adopt, amend and adopt or reject Nye County Resolution No. 2016-02: A Resolution Protesting the Actions of Governor Brian Sandoval and the Nevada State Legislature in Imposing Unfunded Mandates on Nevada’s Local Governments.

Commissioner Borasky

said he knew the District Attorney said she had not had a chance to look at this, but he believed all the statements in it could be verified. Pam Webster advised verbal approval was received from the District Attorney yesterday afternoon. May 17, 2016 28. For Possible Action Discussion and deliberation to adopt, amend and adopt or reject Nye County Resolution No. 2016-02: A Resolution Protesting the Actions of Governor Brian Sandoval and the Nevada State Legislature in Imposing Unfunded Mandates on Nevada’s Local Governments.-Cont’d.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Cox.

Commissioner Schinhofen

said he was leery about picking this fight at this time.

Commissioner Borasky

indicated it was really just a statement to let the Governor know what was going on.

Commissioner Wichman

made a motion that since NACO staff was handling this for the County the letter needed to go to them, which also appointed them as the County’s designee; seconded by Commissioner Schinhofen. Lorina Dellinger said identification of the primary and secondary for the County was needed.

Commissioner Wichman

said she would like to be named as the primary and one of the other Commissioners as secondary, possibly Commissioner Schinhofen. The primary with NACO would be Tori Sundheim and the secondary would be Jeff Fontaine.

Commissioner Carbone

advised the gentleman was not present as he was taking someone out of town for medical work.

Commissioner Schinhofen

noted that in 60 days the gentleman was supposed to have it done, but all Commissioner Schinhofen saw was screening along the front of the property with nothing done with the stuff that was supposed to be moved into the back yard. May 17, 2016 30. For Possible Action Discussion and deliberation regarding the status and progress of the abatement of the nuisance located at 2421 Hacienda Street! Pahrump, Nevada as determined by the Board of County Commissioners on February 16, 2016 and as ordered to abate the nuisance as set forth in Nye County Resolution No. 201 6-04! adopted on February 16, 2016.-Cont’d.

Commissioner Schinhofen

made a motion to give the gentleman 30 days to comply before the County declared it and had it cleaned up; seconded by Commissioner Carbone; 5 yeas. 31. For Possible Action Discussion and deliberation regarding a veteran banner project to honor county’s service members.

Commissioner Schinhofen

made a motion to approve.

Commissioner Borasky

described how every other light pole he saw in Bullhead City had a veteran listed and it struck him as a good way to honor the veterans. He had not had time to get prices and things, but he wanted to make the Board aware of it and hoped they would support him if this moved forward.

Commissioner Wichman

seconded the motion to approve.

Commissioner Botasky

said he would get back to the Board as soon as he could get with the American Legion as according to the Bullhead City personnel the American Legion sponsored it. Pam Webster had some questions regarding the administrative use of the program.

Commissioner Botasky

said he would talk with her about that.

Commissioner Schinhofen

made a motion to approve items 32 and 33; seconded by

Commissioner Wichman

; 5 yeas. 33. For Possible Action Discussion and deliberation on approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday, August 16, 2016 in Pahrump. Nevada.

Commissioner Schinhofen

made a motion to approve items 32 and 33; seconded by

Commissioner Wichman

; 5 yeas. May 17, 2016 CLERK 34. For Possible Action Discussion and deliberation pursuant to NRS 244.360(5) to: 1) direct the District Attorney to notify the person responsible for the nuisance to abate said nuisance as set forth in the complaint received by the County Clerk on May9, 2016, regarding APN 008-183-11, 24 Cody Lane, Tonopah, Nevada and a) determine and specify a reasonable time for the person to abate said nuisance and I) direct the District Attorney to bring legal proceedings for abatement of said nuisance if the notice to the person responsible fails to abate said nuisance; or, in the alternative 2) pursuant to NRS 244.360(1) and 244.360(2), direct the Clerk to set a public hearing not less than 30 nor more than 40 days subsequent to the filing of the complaint.

Commissioner Schinhofen

made a motion pursuant to NRS 244.360(1) and 244.360(2) to direct the Clerk to set a public hearing not less than 30 days nor more than 40 days subsequent to the filing; seconded by Commissioner Wichman; 5 yeas. DISTRICT ATTORNEY 35. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time and location for a Public Hearing on Nye County Bill No. 2016-05: A Bill proposing to amend section 3.52.1 00 of the Nye County Code by aligning the ordinance with the language in the Nye County Sales and Use Tax Act of 2007; Removing the three-year sunset provision; providing for the severability, constitutionality and effective date hereof, and other matters properly relating thereto; and 2) Read the title of the Bill into the record.

Commissioner Schinhofen

noted this was to set a date, time and location for a public hearing on Bill 2016-05 mostly to remove the three year sunset provision which he thought was put in erroneously.

Commissioner Schinhofen

made a motion to set a date, time and location of June 21, 2016, at 10:45 a.m. in Pahrump; seconded by Commissioner Wichman.

Commissioner Wichman

said she had someone who believed that sunset was voted on by the people and asked if that was true.

Commissioner Carbone

said no and the bill actually showed a sunset of 2028 or 2026.

Commissioner Schinhofen

read the title of the bill into the record. May 17, 2016 COUNTY MANAGER-Cont’d. 44. For Possible Action Discussion and deliberation regarding an Interstate Interlocal Contract between Nye County and the Division of Public and Behavioral Health, Community Health Services Program to provide services for nursing, tuberculosis and sexually transmitted diseases to Nye County. Pam Webster advised she had been in discussions with the State on this contract and a primary concern was the support staff that the contract required in the clinics. She reminded the Commissioners that those two positions were vacated earlier this year and not filled. She was looking at a different scenario of how to combine services with staff already existing and possibly part-time. Mrs. Webster said she would like to continue this to the next meeting to make sure they had the support staff issue handled.

Commissioner Schinhofen

made a motion to continue this item to the next meeting; seconded by Commissioner Cox; 5 yeas. EMERGENCY MANAGEMENT 46. For Possible Action Discussion and deliberation regarding the approval of: 1) The Cooperative Fire Protection Agreement (CFPA); and 2) The Annual Operating Plan (AOP), between Nye County and USDA, Forest Service Humboldt Tolyabe National Forest and USD1 Bureau of Land Management Battle Mountain District, Ely District, and Southern Nevada District. This agreement shall remain in effect for five (5) years from the date signed, with yearly review of the AOP by both parties.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. 41. Ongoing Project Report The report was in the back-up. 45. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2016-59: A Resolution Establishing a Policy Regarding Use of County Property.

Commissioner Schinhofen

noted this mirrored the Clark County resolution.

Commissioner Schinhofen

made a motion to adopt; seconded by Commissioner Wichman.

Commissioner Cox

had questions regarding what kind of booths, signs, posters and banners were being talked about.

Commissioner Schinhofen

directed her to the language stating the determination regarding booths, signs, posters or banners shall be viewpoint neutral, and the County May17, 2016 45. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2016-59: A Resolution Establishing a Policy Regarding Use of County Property.-Cont’d. Manager was authorized to determine the time, place and manner they would be allowed.

Commissioner Ccx

wondered if this included posting signs in right-of-ways.

Commissioner Schinhofen

said this only had to do with County property and was not dealing with road right-of-ways.

Commissioner Cox

felt that was not clarified. Pam Webster stating there definitely needed to be a policy to back the resolution up, but in the interim this would give her the authority to put the bulletin board back up for official use only.

Commissioner Cox

asked if this would address the sign prohibiting guns in the courthouse.

Mrs. Webster

said the courts ordered that and she did not have the capability to trump the courts. She was not sure if that had been resolved yet and she was not going to get in the middle of it, but once it was determined she would enforce it. Don Ccx said this sounded like the Commissioners were working against the First Amendment right to freedom of speech and he did not think it was right.

Commissioner Schinhofen

made a motion to direct the Clerk to set a public hearing not less than 30 nor mote than 40 days subsequent to the filing of the complaint for June 10, 2016, at 9:00 a.m.; seconded by Commissioner Wichman; 5 yeas. May 17, 2016

Commissioner Schinhofen

noted for the record that the fireworks permits were not under the Liquor Licensing Board so those should have been 5-0 votes.

Commissioner Carbone

adjourned the meeting. Sam Merlino reminded everyone that early voting started May 28, 2016. Dave Stephens commented on the traffic congestion around the doctors’ offices on Highway 160 and asked the Commissioners to do something about it. APPROVED this ATTEST: Of ...SCLn<. ,2016.

Chair Ny

Cou.ty Clerk I Deputy This is my second request There are times when we the citizens have to question statements made by our electedd officials. At a previous meeting there was a statement made by Commissioner Wichman abouthr ability to vote on water issues. She stated that she had been advised by the District Attorney and her private lawyer that although her husband was contracted with the Water Board as an adviser, there was no conflict of interest and she could vote on all matters of water. Not one Commissioner questioned the wording of the question, who the lawyer was. Even the news media accepted the statement on its face value. Names and the formation of the question along with the response are important. It solifffies the issue and provides for reasonable examination of the issue. Yes, Names matter, always. As a matter of fact the names of individuals should always be included in any puti1ili:c statements. One word that always confuses me is the word “Staff recommends”. It shouftt’ be very specific on who staff is and who is making the recommendation. Water is one of the most important issues we face today, if not thee most important. This relates to Commissioner wichmans statement about who advised her on the watrr issue. The District Attorney, Angela Bello, retorted that they had not discussed it. In my opinion. The statement made by Commissioner Wichman needs adequate documentation to verify the following: I Who was the District Attorney, the name of the individual 2 What was the question that was asked, how was it couched 3 The question and response needs to be formalized in writing 4 Who was the private attorney who advised her, the name and firm 5 What specifically was the question and how was it couched 6 What specifically was the Attorneys Advice, provide it on the attorneys letterheadd 7 The questions and responses need to be in writing and submitted by Commissic.ner Wichman for review by the Commissioners 8 These need to be provided as an item in the agenda for open discussion by the othber four Commissioners to Deliberate as required by Nevada Revised Statutes. 9 It needs to become part of the minutes My comments are intended as providing a venue for transparency and good governance for Nye County. I encourage the Commissioners to accept my comments and act to provide transparency in the actions of this elected body. FOR THE RECORD Ceet’ cIitV • My name is Louie DeCanlo, I am a Pahrump resident and homeowner since 2003. • At the May 3rd 2016 NYE County Commissioner meeting, it was stated that there is no corruption in the present NYE County Commission or their associates such as the NYE County District Attorney or NYE County manager when making decisions which affect NYE County. • it was also stated that the public should look up the word “corruption” and that would prove that there is no corruption in the decisions made by this board of NYE County Commissioners. • The word “corruption” means to destroy the honesty and integrity by a person or persons in a position of authority. • Also, the word “manipulation” means to change in the form of language to influence or manage in a clever or devious way to change something. • In addition, the word “collusion” is a secret agreement between 2 or more people seeking to deceive or cheat others. • Corruption, manipulation and collusion are all exactly what this board of NYE County Commissioners did by appointing Gus Sullivan to replace Ron Kent as the Pahrump Justice of the Peace in Dept. A. This board of Commissioners manipulated the permanent boundaries of Pahrump in an attempt to justify appointing someone who is not a resident of Pahrump which is a requirement to be elected to that position. • The schedule for Pahrump Justice Court is a morning session a lunch break and then an afternoon session, from Monday thru Friday. Since Beatty is 75 miles from Pahrump, how is it possible that Gus Sullivan can possibly handle both courtrooms in Beatty and Pahrump at the same time. Since the County manager Pam Webster along with the NYE County Commissioners and District Attorney Angela Bello all believe this is a cost saving idea, it sounds as though the real cost savings would be to close the Beatty, NV courthouse because it appears to be a waste of taxpayer money and refer all traffic, civil or criminal cases to either Pabrump Justice Court or Tonopah Justice court. • Since this board of NYE County Commissioners fully understands what MRS 4.150 means, but you chose to make your own rules, proves the fact that corruption, manipulation and collusion does exist in Pahrump and NYE County. /1 ?/ 0 (27) 77 o,